Dismissal of 1994 murder charge sought

One of three men charged with murder in the 1994 disappearance of Kevin Harkins is asking that the charge against him be dismissed.

Elias Samia, 46, of 78 Arlington St., and two co-defendants, Matteo Trotto and John R. Fredette, were indicted last year on murder charges in what prosecutors say was the Feb. 15, 1994, shooting death of the 36-year-old Mr. Harkins, whose body has never been found.

The prosecution’s theory in the case is that Mr. Harkins was killed after failing to follow through on a promise to perjure himself in court on Mr. Fredette’s behalf.

Mr. Samia’s lawyer, Joan M. Fund, filed a motion last month in Worcester Superior Court asking that the charge against her client be tossed out.

Ms. Fund alleges that the murder charge against Mr. Samia should be dismissed because the integrity of the grand jury proceeding was impaired by the presentation of unfair, misleading, inflammatory and false evidence, coupled with the withholding of evidence that would have undermined the credibility of certain prosecution witnesses.

She further alleges that the evidence given to the grand jurors was insufficient, as a matter of law, to sustain the indictment. A hearing on the motion is scheduled for March 26.

In his written opposition to the motion, Assistant District Attorney Daniel J. Bennett said the evidence offered to the grand jury was “more than sufficient” to support the murder charge against Mr. Samia and that no evidence was improperly presented or withheld from the grand jurors’ consideration.

Prosecutors contend Mr. Harkins was shot to death in a car belonging to Mr. Samia after being called out of Suney’s Pub on Chandler Street by Mr. Trotto shortly before midnight on Feb. 15, 1994. They say he was killed two days after declining an offer of money and drugs to hinder or terminate a drug case against Mr. Fredette by lying under oath in court.

Mr. Fredette, 49, of Saco, Maine, pleaded guilty to the drug charges and was sentenced to 4 to 6 years in prison. He was given four days to report to prison.

Mr. Trotto, 46, is serving a prison sentence of 23 to 26 years after being convicted in 1999 of cocaine trafficking and other drug and weapons charges.

The prosecution alleges Mr. Harkins was shot in the back of the head while in Mr. Samia’s car with Mr. Samia, Mr. Fredette and Mr. Trotto. Later, after Mr. Trotto had been dropped off, Millbury police stopped the car and saw blood in the vehicle and on Mr. Samia and Mr. Fredette, according to prosecutors.

The men said they had been in fights at separate bars, but investigators later learned there had been no fights reported at either establishment, according to Mr. Bennett.

In his written opposition to the motion to dismiss, Mr. Bennett said evidence was presented to the grand jury that Mr. Samia disposed of the car and canceled its registration the next day and that auto parts consistent with the vehicle, a 1985 Chevrolet Impala, were later recovered from a Worcester pond.

Evidence was also presented to the grand jury that Mr. Samia was present with Mr. Fredette when Mr. Fredette stated that Mr. Harkins had been shot in the back of the head and that Mr. Samia said he was upset because he had been covered in Mr. Harkins’ blood, according to Mr. Bennett.

All three suspects have pleaded not guilty. Mr. Samia remains in custody without bail.

Mr. Harkins was declared dead in 2008 in Worcester Probate and Family Court.